§ 163

If the tenant dies, the spouse has the right to continue the tenancy.

Stk. 2.If the tenant of a residential apartment dies without leaving a spouse, another person who has shared the household with the tenant for a period of at least 2 years immediately prior to the death has the right to continue the tenancy.

Stk. 3.If a tenant of an apartment, partially rented for purposes other than residence, dies and the tenant has operated a business whose continued presence in the property is of significant importance and value to the business, without leaving a spouse, any of the tenant's direct descendants or children-in-law have the right to take over the tenancy, unless the landlord has substantial reasons to oppose it. However, it is a condition that the individual has the necessary knowledge of the industry in which the business has been conducted and wishes to continue the business alone or with their spouse. If the individual does not assume the tenancy, the landlord cannot rent to another party on more favorable terms than those proposed to the individual.

Stk. 4.Otherwise, in the event of the tenant's death, both the landlord and the estate can terminate the tenancy with the usual notice, even if the tenancy was agreed for a specific longer period or with a longer notice period.

Stk. 5.If the rented property is a care home, cf. § 1, stk. 1, 2nd sentence, in the former Act on Housing for the Elderly and Persons with Disabilities, cf. Consolidated Act No. 316 of April 24, 1996, or § 5, in the Act on Social Housing, etc., or an unsupported private care home, cf. § 1, and the tenant dies without leaving a spouse or others with whom the tenant has shared a household as mentioned in stk. 2, termination can occur with 1 month's notice notwithstanding stk. 4. The deceased resident's belongings, etc., may be stored in accordance with § 8 of the Act on the Administration of Estates.